Attorney forgot to list creditor on case, now what???

[psa10]

Finally filed my case last week, during the signing of my paperwork the attorney had me sign everything and got a copy in the mail a few days later. I noticed one of my creditors wasn't listed!! I assume this will be an easy fix? Ahhhhh, the attorney had the stack of my bills with this credit included so really not my fault except for I guess not verifying all creditors during the signing. Anyway called my attorney's office today and they are going to get back with me tomorrow.

Anyone else have this happen to them? Is it a pain in the ass to get my paperwork amended here to include this creditor, another one of my pay day loans?? Thanks

[justbroke]

It happens. It is not a big deal. If they have not actually filed the petition yet, they can add it rather easily (since all attorneys file electronically and have software to prepare the petition).

[AngelinaCat]

No, this is common, but is just one more aggravation. It would have been better if you had caught it when you were signing the papers, but you didn't until now. That is good.

[psa10]

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[psa10]

Well hopefully its not going to be a fiasco to add this creditor!! My case was electronically filed with the court on Friday, here it is Wednesday when I am just noticing this creditor on the list here. Just frustrated I guess, unreal all the documents it requires to file a case, auhhhhh

[LadyInTheRed]

It's simple to amend the schedule. This is a very small bump in the road. Don't stress over it.

[justbroke]

I say that it's a bump on a frog, on the side of the road. This is really simple to fix! The only question would be, will the attorney attempt to charge you for this!

[BNKRPTinNC]

Had one that came up and we were nearly 4 years in. Long story short, at time of filing we were told that nothing was owed, by this creditor, then out of the blue got a bill. They didn't care that we were in an active 13 and they expected payment. Contacted atty. and $26 later they were added to the list. No worries.

[lillymarlene]

I'm not certain, but it may depend on your state or district. I had to pay an additional $250 to add a creditor right after filing. My attorney's secretary said that they had to mail a copy of the petition again to all the creditors.

[LadyInTheRed]

I'm not certain, but it may depend on your state or district. I had to pay an additional $250 to add a creditor right after filing. My attorney's secretary said that they had to mail a copy of the petition again to all the creditors.

Court filing fees for an amendment are the same everywhere. It sounds like your attorney charged you to file and serve the amendment. I think the OP has a good argument that the attorney should not charge to do the amendment because he provided the attorney with information about the creditor. But, the attorney's answer could be that the OP should have caught the omitted creditor before signing the petition. I wonder how thoroughly the attorney went over the petition at the signing meeting. IMO, a decent attorney will take responsibility for not including the creditor in the first place and not charge a filing fee or for the work to file and serve the amendment.

[justbroke]

When adding a creditor, the only thing required (cross Districts), is to serve the Notice of Bankruptcy on that creditor, along with form B-10 (Claim Form), and the payment of the fee for amendments ($26). The petition is never served on creditors. The cost ($150-250 is typical) includes 1 hour of the attorney's time (hourly rate) and the $26 fee charged by the court for an amendment.

An attorney that excluded a creditor is likely to only charge the $26 amendment fee (or nothing). If you forgot or a creditor mysteriously pops up after filing, you are likely to pay the "hourly" fee per your fee (services) agreement.